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Agreement on informed consent win for spaceport

Posted:
01/24/2013 04:17:27 PM MST

It was announced Tuesday that an agreement had been reached between Virgin Galactic and the state Trial Lawyers Association on legislation providing limited liability for companies that supply parts for Virgin and others operating out of Spaceport America.

That's good news, as the failure of the Legislature to pass similar legislation last year stalled efforts to lure new companies to Spaceport America, prompted anchor tenant Virgin Galactic to question the state's commitment to the spaceport and put us at a competitive disadvantage with other states that have already passed similar legislation, and are recruiting the same companies we are.

The bill will be similar to those passed in Florida and Colorado, said Senate President pro tem Mary Kay Papen of Las Cruces, who carried the failed legislation last year.

Senate Majority Leader Michael Sanchez, a trial lawyer himself who was blamed by some for the defeat of last year's bill, deserves credit this year for bringing the two sides together.

The bill has been widely mischaracterized as one that would provide blanket immunity for companies that put out shoddy products with deadly results.

That was never the intention.

The goal is to provide limited protection for companies working in a fledgling industry that carries with it an enormous amount of inherent risk.

Finding the correct balance that protects individual legal rights without grounding a commercial space flight industry that is just now taking flight has not been easy, and has been the subject of intense negotiations between the two sides.

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"This agreement is the result of many months of hard work," said Speaker of the House Ken Martinez. "We encouraged both parties to sit face-to-face and work through their differences. Since they each had valid points, compromise was the only solution. They should be proud of the work they have accomplished for New Mexico."

With the trial lawyers backing the bill, it is expected that opposition this year will be minimal. Gov. Susana Martinez has already expressed her support.

This is how the process is supposed to work. Advocates for both sides sat down together and craft an agreement both can live with.

We were disappointed the agreement wasn't reached last year, and we worry about the ground lost to other competitors these last 12 months. Putting this issue behind us will pave the way to boost recruitment efforts at the spaceport and protect our $209 million investment.